Talking Trash in Ouray, 0317 COBJ, Vol. 46 No. 3 Pg. 65

AuthorFrank Gibbard, J.

46 Colo.Law. 65

Talking Trash in Ouray

Vol. 46, No. 3 [Page 65]

The Colorado Lawyer

March, 2017

Frank Gibbard, J.

Historical Perspectives

HEAVEN’s purest Air induces Health, And gains the glow to bounty’s tints; Endures with charms ne’er bought by wealth, That nobleness of mind imprints. Now, we can boast of second parts, With purging Doctors for the City! ’Tis fact we move your Dirt with Carts, If said in prose, or sung in ditty; We, round your Mansions, clean in storms Of vilest vapors-health does hecter, And this with greater parts, e ’en forms,-The envious title of Protector! Then pray a trifle cheerly give, For this choice service, poorly paid, And we will bless you while we live, In pleasures and successful trade.

-Massachusetts City Scavenger poem, 18291

The position of city scavenger was known throughout the ancient world and existed in many different cultures. Although scavengers performed a vital hygienic function in removing trash, filth, and dead animals from cities, it was not a high- status job. People who handled wastes were often treated with disdain, as the story of Epaminondas illustrates.

Epaminondas in Disgrace

The Theban general Epaminondas (d. 362 B.C.E.) is one of the great forgotten heroes of the ancient world. The historian Plutarch wrote a biography of him, but it has been lost2 For his love of country, Epaminondas has been compared to George Washington3 He came from a poor family, was never wealthy, and had no children, but he delighted in the study of philosophy and won many battles for Thebes.4

Epaminondas defeated the Spartan war machine a number of times, earning a fearsome reputation among his opponents. When he died in his final battle, felled by a Spartan, his allies proved unable to follow up on his victory.5 Without its competent and heroic general, Thebes was soon conquered by Philip of Macedon and later wiped off the map by Alexander the Great.

Fame and gratitude in the ancient world could be fleeting. Even a heroic figure could suffer from political factionalism and the whims of powerful enemies. At one point during his lifetime, Epaminondas and his friend Pelopidas found themselves on trial for their lives for overstaying the term in which they were lawfully given command of the army. They were acquitted.6 But in revenge for the acquittal, his enemies succeeded in having Epaminondas appointed a city scavenger in Thebes.7

As noted, the city scavenger was a necessary but low-status job.8 But Epaminondas showed his noble character by accepting the position. He famously stated, “If the office will not give honor to me, I will give honor to the office.”9

A Scavenger Hunts for Acquittal

Nearly 2,300 years later, the position of city scavenger still existed—in Ouray, Colorado. It is unclear whether the position in Ouray conferred any more honor than in Epaminondas’s time, but it did confer money. The funds involved were sufficient to give rise to a case that reached the Colorado Court of Appeals.

In the late 1800s, Ouray (the city) passed an ordinance creating the office of city scavenger. The ordinance provided that “[i]t shall be the duty of the scavenger to take up and haul away all filth, refuse, soil and trash that he may be directed to take away by the street commissioner or any member of the streets and alleys committee, and the same shall be taken to . . . [the] city dump grounds.”10 The scavenger was also in charge of removing dead animals from the city.11 The ordinance further provided that “[n]o other person shall engage in the hauling...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT